
Glass F0 ? 1 



Book. 



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ADDRESS 



or 



to \J5 o 



THE WHIG MEMBERS 



or 



THE SENATE AND HOUSE OF REPRESENTATIVES OF MASSACHUSETTS, 



TO THEIR CONSTITUENTS, 



OCCASIONED BT TB£ INAUOOBAL ADDRESI OF 



HIS EXCELLENCY MARCUS MORTON. 



BOSTON: 
PRESS OF T. R. MARVIN, 24 CONGRESS STREET. 

1843. 



Co' 



ADDRESS. 



The Whig Members of the Legislature of Massachusetts feel that a no- 
tice of some of the statements set forth in the recent Address of His Excel- 
lency the Governor is due to themselves, to their constituents, and to the 
public. 

In speaking of this document they would treat it with the respect due to 
the official station occupied by His Excellency — but at the same time, with 
the boldness that becomes freemen in speaking to one who, in their opin- 
ion, is using the influence of his high office for the furtherance of party 
purposes; who is disparaging our free institutions, — impugning the credit 
and honor of the State, and endeavoring to exalt himself under cover of 
unfounded statements regarding the measures of his predecessors. 

The address resembles that issued three years since, by His Excellency, 
both in the topics it notices, and in those it omits. Like that, it declaims 
against our government, and makes vague and uncertain promises of re- 
form, and is not wanting in an ostentatious parade of political, moral and 
religious truisms. It also, like that, avoids any notice of most of the great 
interests of our Commonwealth — its fisheries — its public lands — its manu- 
factures — its commerce. On these, and kindred subjects, no information 
is given respecting their present condition — no suggestions for their future 
advancement. No allusion is made to the great question recently settled 
between the government of the United States and that of Great Britain, in 
which the pecuniary interest, and the public honor of this Commonwealth, 
is deeply involved. The Massachusetts claim is now before Congress, yet 
with all the discussion of the finances, no hint is given of its existence, or 
its prospects. 

The rights of slaves, and the claims of slaveholders in relation to fugitive 
slaves in this Commonwealth, is a subject which has of late been consider- 
ed with deep interest throughout the country ; and it was hoped we might 
have been favored with His Excellency's opinions respecting it. Here again 
we are disappointed. On topics of public interest, where opinions differ, 
and on which the public looked for His Excellency's views, a rigid silence is 
maintained. On those which might be available for the creation of political 
capital, eloquence is not spared. Allusions to the differences of condition, 
which are a necessary result of the constitution of man — sinister remarks 
on the motives and acts of predecessors — the most common-place moral 
sentiments, and universally admitted principles of government, — put forth 
as if they were the peculiar discoveries and exclusive property of His Ex- 
cellency, and his political friends, of all this there is enough to make one 
regret, that when His Excellency became the head of tlie State, he did not 
feel it his duty to remember that he was no longer only the chief of his 
party. 

On some of the topics there can be no difference of opinion. The vast 
importance of public schools, the immense good which is resulting from the 



temperance cause, are cheerfully acknowledged by all ; and the necessity 
of guarding the ballot box has been most clearly shown in those troubles in 
a neighboring State, to which His Excellency alludes, where it was proved 
that majorities had been affected by extending the franchise to men who 
were absent, to those who never had existed, and to some who had been for 
years in their graves. 

There are however some points which demand a more particular atten- 
tion as involving the preservation of the rights of the citizen, the credit of 
the State, and the honor of the honorable men who have presided over its 
counsels. 

A very considerable portion of His Excellency's address is devoted to the 
subject of taxation. It contains many unexceptionable remarks, and lays 
down several undeniable positions in relation to the nature and objects of 
taxation, and the difficulties which always have and probably always will 
attend the imposition of taxes. 

His Excellency very justly observes that the power for indirect taxation 
is assumed by the General Government, whose expenses are defrayed en- 
tirely from that source, while those of this Commonwealth have long been 
paid by specific taxes on certain kinds of property without any direct 
charge upon the people. 

There is nothing then for which the people of this State are called upon 
to tax themselves, but those County and Municipal charges, which as they 
vary in each Town and County must necessarily be left to the inhabitants 
of each to assess upon themselves. 

That our system of assessment might be improved we are not disposed 
to deny, but as no complaint has been made, nor any alteration of the laws 
called for by petition or otherwise, we had not supposed that this could be 
considered a matter which pressed itself very strongly on the attention of 
the Legislature at this moment. 

As His Excellency has thought proper however to lay no little stress 
upon it, and has hinted at one important measure connected with it, and 
very distinctly and emphatically recommended another, we beg leave to 
notice somewhat at laro-e the ground he has taken and the arguments he 
has put forward. 

His Excellency opens the subject with a maxim which is incontroverti- 
ble, and to which we would call especial attention. It is this — " Govern- 
ment being instituted for the common benefit, its' support should be a common 
burden. The contributions should undoubtedly bear some proportion to 
the benefits derived, and those who have most under the protection of the 
Government, should contribute most towards its support. But as its pro- 
tecting power is necessary to all, and as the benefits derived are incompar- 
ably greater than the burdens imposed, the most equitable practical rule is, 
that each should contribute according to his ability to pay." 

His Excellency then proceeds to such general remarks as we have above 
alluded to, and which we shall not particularly notice until we reach the 
following sentences : 

" Real estate, which is not the most productive species of property, being incapable 
of concealment, receives more than its just share of taxation ; while personal property, 
and especially shares in joint-stock companies, and money at interest, being less tangi- 
ble and visible, in some measure escape the notice of the assessors. The agricultural 
interest is not only the first and greatest interest, but the basis of all other branches of 
industry. It comprehends three times as many persons as any other pursuit, and more 
than all others united. As a class, they ask less and contribute more than any other 
class. And while they seek no special privileges or exclusive advantages for themselves, 
they are peculiarly liable to be preyed upon by them in the hands of others. If any 



remedy for the unequal burdens imposed upon them can be devised, it will be our duty, 
as I am sure it will be our pleasure, to adopt it. 

" Another remark which, doubtless, has occurred to every one conversant with the 
practical course of direct taxation, is tiiat the assessments are almost invariably lieavier 
upon the poorer than upon the wealthier classes. As the property diminishes, the ability 
to pay taxes more rapidly diminishes. Yet it is feared that, in practice, the proportion 
of the taxes to the estate, increases as the ability to pay decreases. This tendency 
should be strenuously counteracted, especially as, in our complicated system, the in- 
direct taxes, depending on consumption, take nearly as much from the poor man as the 
rich one. And, if we cannot countervail the inequality of indirect taxation, we should 
be cautions not to increase it by a corresponding inequality in our direct taxes. It is 
worthy of your consideration, whether some relief may not be found by transferring the 
assessment on mortgaged estates, to the extent of the amount secured, from the mort- 
gagor to the mortgagee. This would prevent the same property from being twice taxed, 
or the money at interest from escaping taxation." 

To his remarks on the value, numbers and importance of the agricul- 
turists of the Commonwealth, we give our most hearty assent, nor have we 
anything to object to his Excellency's recommendation that great caution 
be had not to make the taxes bear with undue weight upon the poor man, 
although we cannot altogether admit the force of his remark that our com- 
plicated system of indirect taxes depending on consumption takes nearly 
as much from the poor man as the rich one. 

We have been led to believe that the present tariff of duties favors very 
much those articles which are consumed by the poor, and that several of 
the most important of them are entirely free of duty. 

However this may be, the remedy proposed by His Excellency at the 
close of the passage just quoted, seems to us very little calculated to give 
relief to what are properly called the poor. How the transferring the as- 
sessment on mortsawed estates to the extent of the amount secured, from 
the mortgagor to the mortgagee, is materially to affect this class of per- 
sons, is not very clear. 

A man to obtain a loan on mortgage, must in the first place have pro- 
perty to mortgage, and moreover some degree of credit. In very many in- 
stances the mortgagor is much richer than the mortgagee. It is only ne- 
cessary to glance at the returns of the Savings Banks lately printed by 
order of the Legislature, to see that these institutions in this State have 
nearly 2,000,000 of dollars invested on mortgage. The lenders are the 
depositors in these Banks, whose hard earned savings are loaned on mort- 
gage to persons of property at six per cent. Now the effect of His Ex- 
cellency's plan, as far as we can understand it, would be to transfer the tax 
from the comparatively rich mortgagers to the poor mortgagees, thus de- 
priving them of their fair and just interest on their small deposits. 'J'he 
same remark applies to all charitable institutions who have loaned money 
on mortgage. In all cases, if applied to already existing contracts, such a 
law would be in direct violation of one of the plainest principles of justice, 
as well as of the express provisions of the Constitution. Should it be 
made applicable only to mortgages made subsequent to the passage of the 
law, one of two things would result. It would either put a stop to the loan 
of money on mortgage, or every such instrument would contain an express 
stipulation that the taxes on the mortgaged premises should be paid by the 
mortgagor. The mere suggestion of His Excellency has already excited a 
considerable degree of alarm, and seriously interferes with those who are 
seeking to raise money on mortgage. 

The remedy contemplated by His Excellency is so faintly shadowed 
forth in the address, that we cannot venture to pronounce precisely what 
it is. 

We regret that considering the importance His Excellency appears to 



6 

attach to a measure of relief, founded on the relation of mortgagor and 
mortgagee, that he had not thought proper to favor the Legislature with 
his views on the subject in a more definite and tangible shape. May we 
not hope that in the course of the session His Excellency will lay before 
the two branches, a distinct measure founded on the suggestion thrown out 
in the address. 

Passing from this branch of the subject. His Excellency proceeds as 
follows : " Another measure of relief to the poor tax payer, which I re- 
commend to your favorable regard, is the reduction of the poll tax. This 
would accomplish two objects, the one affecting essential political rights, 
and both worthy of earnest consideration." 

The two following paragraphs contain all that is said on this point, and 
we confess we can see in them but one of the objects mentioned above. 
What the other may be, probably from some fault of our own, we are 
unable to perceive. 

" i hold that every man has a natural right to a voice, and an equal voice, in the 
{Tovernmenl under which he lives — a voice, which, like other essential rights, he may 
forfeit by his own misconduct, but, of which he cannot rightfully be deprived without 
his fault. This right is not derived from the government. It cannot be bought of it 
by the payment of a price ; nor can it be withheld by an omission to call for, or a re- 
fusal to receive money. Every man, whether he pays taxes or not, owes duties to the 
government over him ; is entitled to protection from it; is bound by its decrees, and 
has a rifiht to be heard in making them. 

" The political axiom so much venerated in the days of the revolution, that ' repre- 
sentation and taxation go together,' was used only to deny the liability to taxation of 
those who had no voice in iniposing the taxes; but never was relied upon to exclude 
any from the right of suftrnge, because tliey were omitted from the tax bills. But, in 
any sense, it is broad enough to support universal suffrage. For every man who con- 
sumes dutiable articles, pays a tax. And who is there that does not, every year, in the 
duties on the goods consumed by him, contribute to the revenue, many times the amount 
of a single poll-tax .' I therefore recommend that the poll-tax be reduced to a very 
small sum, and that it be imposed upon every male between the ages of twenty and 
seventy years, ' excepting paupers and persons under guardianship.' " 

In the matter of taxation, it has been the custom of this Commonwealth, 
from the earliest times, to proceed on the maxim laid down by His Excel- 
lency, " that government being instituted for the common benefit, its sup- 
port should be a common burden." Those having property, have been 
taxed according to that property ; and those who, although they may not 
have accumulated wealth, are in the exercise of gainful emyloyments, by 
which they are enabled to earn a comfortable support, have been assessed 
in a moderate tax on their persons. As the law now stands, this tax is not 
less than one-sixth of the whole tax assessed, provided that in no case shall 
the poll tax exceed one dollar and fifty cents. Assessors have, moreover, 
the power to remit the tax altogether where they are satisfied that the cir- 
cumstances of the individual require it, without affecting the political 
rights of the individual. 

This has seemed to us one of the most characteristic and beautiful fea- 
tures in our system ; and has, as we think, contributed in no small degree 
to the prosperity and influence of this Commonwealth. 

Every man is entitled to equal rights before the law, to equal privileges 
in the courts, in the public schools, and in the exercise of political rights. 
To use His Excellency's words, " he has an equal voice in the government 
under which he lives." He claims this as a right. He demands it as his 
inalienable privilege and birthright — and why? Because, as far as their 
means have admitted, both his forefathers and himself have contributed to 
the general fund. He sends his children to the public schools not as a 



favor, but as a right— claiming what is his by the clearest of all titles, that 
of a tax payer. Notwithstanding His Excellency's assertion, that these 
privileges cannot be bought by the payment of a price, it is a well known 
principle in human nature, that men set a small value on that which costs 
them nothing. The youthful sons of Massachusetts, who are starting in 
the race of life, with health, strength, and a good education, trusting to 
these to place them hereafter among those who have acquired property, 
press forward with confidence, because they feel that by the payment of 
one, or at most two day's earning out of the year, they are enabled to take 
rank as freemen. Having deposited this pledge of their determination to 
discharge the duties, they claim with an honest pride the rights of citizens. 

Unless we very much mistake the character of this class of persons, 
they will feel under no obligation to him who shall propose, without any 
request on their part, to degrade them from this honorable position. Does 
His Excellency think that the agricultural laborers, young mechanics, and 
professional men of the Slate, will consider it a boon to be made in the 
eye of the law, paupers — to be told that they are not to be allowed to con- 
tribute in ever so small a degree to the public burdens, until they shall be- 
come rich 1 Does he think they will value their privileges as they now do, 
when they find themselves not accounted of sufficient importance to be 
called upon even for a poll tax? Unless we have entirely misunderstood 
the ordinary motives and feelings of mankind, and the peculiar character of 
the New England population, they will claim the right to stand on an 
equality with their more wealthy fellow citizens, by contributing, according 
to their means, to the common stock. 

But leaving this part of the subject, let us examine for a moment the 
effects of abolishing or of materially reducing the poll tax on the various 
interests of the Commonwealth, and especially on that most valuable class 
which His Excellency has so justly extolled and so highly recommended — 
the land owners and husbandmen. 

It is well know that the last year has been particularly disastrous to the 
agricultural portion of the community ; while their produce has been de- 
pressed to an unexampled degree, their expenses have been very little di- 
minished ; while the demand for the articles raised has been almost at a 
stand, they have paid very nearly the same wages as formerly. That por- 
tion of the burdens which has heretofore been defrayed from the poll tax, 
will fall upon them with peculiar weight. Many of the subjects of this 
tax are transient residents in the State — passing from town to town, and 
remaining among us but a year or two — during their stay enjoying all ihe 
advantages and exercising all the rights of citizens, availing themselves of 
our schools, saving banks, provision for public worship, facilities of inter- 
course, &c., and whenever it suits their convenience, taking leave and 
carrying their earnings with them. Is there any reason in equity or jus- 
tice why these persons should not by a light poll tax, contribute in some 
degree while they stay among us, towards the public burden ? Is it fair or 
just now, at a moment of uncommon depression, to release this class of 
persons from all contribution, and throw the additional weight on the 
already suffering farmers of the State ? A class of men who, being bound 
to the soil, have no escape, but must abide the consequences of our legis- 
lation, be it what it may. In the seaport and manufacturing towns, there 
is constantly to be found a very large class of persons, mostly foreigners 
and inhabitants of other States, to whom the same remarks will apply. If 
they cannot be reached by a poll lax, the resident population is obliged to 
bear the expense of their support, in addition to its own. For these and 



8 

other reasons, His Excellency must excuse us for dissenting wholly from 
the recommendations in the address in relation to taxation. 

The foregoing remarks are not intended to apply to the proposition to 
restrict the poll tax to persons between the ages of twenty and seventy. 
To this we see no objection, but think it will relieve the very class of per- 
sons on whom the abolition, or material reduction of the whole tax would 
weigh most heavily. 

In order to illustrate the operation of the proposed reduction of the poll 
tax upon the agricultural and other interests, we subjoin the following 
tables. 



No. 1.* 

A TABLE, showing the aggregate of the Poll Tax 
in the Counties, as compiled from the polls of the 
cities and towns in those Counties, under existing 
laws, estimating the present average poll tax alone 
dollar and twenty-five cents each poll, — and com- 
paring it with a poll tax of fifty cents, to be as- 
sessed on polls from twenty to seventy years of age. 


No. a. 

A TABLE, showing the application of this rule in 
one of the principal towns in each of the several 
Counties, estimating the present average assess- 
ment upon polls, at one dollar and twenty-five cents, 
and comparing the same with a poll tax of fifty 
cents to be assessed upon polls between the ages of 
twenty and seventy years of age. 


Counties. 


Ami. assessed 
under exist- 
ing laws. 


Amount which 
would be re- 
ceived from a 
poll tax of SO 
cti. 


Towns. 


Ami. assessed 
under exist- 
ing laws. 


Amount which 
would be re- 
ceived Irnni a 
roll tax of 60 
cents. 


Suffulk, . 
Jiesex, 
Midillesex, . 
V\ orcester, 
Hampshire, 
Hampden, . 
Franklin, . 
J'erksliire, . 
Norfolk, . 
Bristol, 
Plymouth, . 
Barnstable, 
Dukes, 


$92,970 

27,864 

33,130 

29,798 

9,001 

11,492 

8,562 

12,374 

16,537 

16,684 

14,002 

9,369 

1,266 

2,427 


$7,810 

9,474 

11,264 

10,132 

3,060 

3,884 

2,911 

4,206 

5,G23 

5,672 

4,761 

3,185 

430 

825 


Lynn, 

Woburn, . 
Mendon, . 
Northampton, 
Westfield, . 
Deerficld, . 
Lee, . 
Weymouth, 
Dartmouth, 
Middleborough, 
Barnstable, 
Edgartown, 
Nantucket, 




$3,754 

1,147 

1,069 

1,141 

1,348 

606 

760 

1,927 

a,248 

1,236 

1,143 

572 

2,427 


$936 
390 
363 
388 
459 
206 
255 
418 
425 
420 
389 
195 
825 


Nantucket, 






$215,406 


$73,237 





In regard to the finances, His Excellency observes, " in assuming the 
government of the Commonwealth, we ,find its pecuniary affairs in an 
embarrassed condition. It is deeply involved in debt. Its credit is impaired. 
It has been compelled to sell its own notes under par, to meet its obliga- 
tions. It has become a partner in a joint stock company, controlled by 
individuals. Its stock will take from the earnings of the people, more than 
fifty thousand dollars a year, without any present prospect of a return in 
dividends." Again, " the State now owes a debt of one million two hundred 
thousand dollars for money which during the last eight years it has expen- 
ded over and above its receipts, and five millions of dollars on the scrip or 
notes it has issued, and for which it holds the securities of several Rail 
Road Corporations." 

Much more of a similar character might be extracted, but this sufficiently 
indicates the temper of the Address, and the object of His Excellency, to 
cast the most gloomy and repulsive shade upon public affairs. He declares 
from his high station, that we are so overwhelmed with debt, that our credit 
is impaired, and that we are forced to sell our paper below par. He de- 
clares that we have a subsisting debt of $1,200,000 created by an excess 
of expenditure over our income, leaving the public to infer that it is the 
result of wasteful unjustifiable extravagance, from which we shall only be 



* In these tables an allowanoe ii made of fifteen per cent, for the change of the limit of the poll tax, from 
the age of sixteen to twenty years. 



able to extricate ourselves by severe economy and taxation. His Excel- 
lency has staked his character and honor upon these broad unqualified 
assertions, and if the credit of the Commonwealth is not impaired, if the 
linances are not deranged, if we are not compelled to sell our paper under 
par, and the people are not oppressed with debt, he must stand responsible 
ibr this abuse of truth, this otficial attempt to impose upon the public. 

Let us then look into the public documents and see whether the treasury 
is embarrassed, and the other consequences follow. We will go back to 
January I, 1840. when His Excellency came into the chair, and ascertain 
the annual income and expenditure since that time. There was then a 
funded debt of I^2i)4,l37. 

JXCOMK. EXPENDITURE. 

1840—405.74164 41.'),«4« 43 E.'scess of Expenditure, 10,106 79 

1841— 404.31:} IS 31)0,9-28 57 Balance of Income, 4,384 61 

1S42— 415,71)8 97 351,550 87 Balance of Income, 64 ,'248 10 

This shows an excess of income over expenditures for these three years, of 

the sum of 58.525 92 

Wliich should be corrected by the substraction of fund received to redeem 
Charlestowu Bridge scrip, 3,504 66 



55,021 26 
And increased by the balance of unfunded debt in 1840, which was not an 

ordinary expenditure, 7,90.') 77 

Leaving the actual excess of revenue, $62,927 03 

During the year 1842, there has been paid from the Treasury 
$lll),'»44 92of the public funded debt, leaving now due 8l74.n»2()8. 
There has also been paid in addition to the ordinary expenses, $27,000 of 
interest on Rail Road scrip. 

Thus it appears that the Treasury has in one year paid more than two 
fifths of the debt, leaving a balance of only $174,000 due. It also appears 
that in 1842, the Treasury is stronger than in 1840 by $74,017 42; and 
it further appears that on the first of January, 1843, there was a balance 
remaining in the Treasury of more than $41,000. 

There is due from the United States $150,000 on account of the late 
treaty with Great Britain, which being deducted from the balance of debt 
will leave $24,000, and the Treasury can probably meet this amount 
besides the ordinary expenses. The funded debt may, therefore, be all 
discharged or provided for, within the current year, if the system of 
economy which has been marked out and thus far adhered to is pursued. 
Indeed this result cannot be avoided unless the expenses are unnecessarily 
increased, and this must depend upon the Legislature and His Exct:llency. 
But there is still a further resource, an acknowledged debt due from the 
United States, of which the share of the Commonwealth is about $180,000. 

Thus stands the Treasury independent of the Rail Roads, strong and 
prosperous, having the most ample resources to meet all its liabilities within 
the current year, and will if our honest dues are paid, be left with an 
unusual surplus. It has vindicated its character by a prompt discharge of 
all its liabilities, and has commanded the public confidence in tpite of the 
libels which have been heaped upon it. This is proved by the avidity with 
which the renewed stock for the balance of the funded debt was taken up, 
during the last fall at pa7\ 

But His Excellency insists that the Commonwealth owes a debt of 
$ 1 ,200,000 which is the excess of expenditure over income, and insinuates 
that it is the result of prodigal, party legislation. He also informs us that 



10 

f 

if his advice, given in 1840, had been regarded, this debt would have been 
avoided. 

If the facts sustain these charges there is culpability somewhere, if not, 
the people will decide for themselves whether a perversion of the truth 
becomes their Chief Magistrate. 

We have already stated that by a law of 1830, a law too, passed almost 
unanimously with His Excellency's political friends in the lead, the Trea- 
surer was directed to subscribe for iU,000 shares in the Western Rail Road 
Company amounting to 81,000,000, which sum was to be paid in, as de- 
manded of the share holders, and the money was to be raised by the sale 
of scrip bearing an interest of five per cent. In this manner, and for this 
purpose, and not for ordinary expenditure, as His Excellency would have 
the public to understand, was this liability created, not by the instigation of 
a party, unless the lead of His Excellency's friends give it that character, 
but with uncommon unanimity and harmony of opinion. We owe, it is 
true, to the banks 8430,000, but this is a part of the million loan, author- 
ised by the law of 1837, and borrowed in 1842, to save a sacrifice in the 
sale of scrip, when the money market was unusually depressed, and money 
was not obtainable except at high rates of interest. As the laws now 
stand, this is to be replaced by the sale of scrip, as soon as the market 
resumes its former healthy tone. This scrip runs for twenty years, and the 
worst that can happen to the Commonwealth is to pay the annual interest 
till the dividends are sufficient to meet it, which will happen at no rejnote 
day, if the experience of the past year indicates coming events. 

We owe, then, $174,000 of the funded debt, which may be paid this 
year — nay, is provided for now, and we have a million, or what is ecjuiva- 
leqt to a million, of this outstanding scrip, for which we hold as an eciuiva- 
lent, ten thousand shares, which, sneeringly as His Excellency is pleased 
to speak of the railroad, will eventually be good, if all signs of promise do 
not fail. 

Do these facts justify the Governor in declaring to the world officially, 
that our finances are embarrassed? Do they authorise him, as he takes 
his seat in the chair, to proclaim that by excess of expenditure we owe 
$1,200,000? Above all, do they exculpate His Excellency when he de- 
clares that in 1840 this liability might have been avoided? Had not the 
State before that time solemnly pledged its faith and paid part'of the 
money? Was not the debt actually created by the 172d chapter of the 
statutes of 1837? On what principle, then, could the Commonwealth 
shun its liability? It had promised to pay the balance, and resting on this 
promise, the work had been commenced and was then far advanced. 
Could the State annul the contract? If that be His Excellency's opinion, 
in what code of law or morals has he studied his duties ? 

But His Excellency affirms that the Commonwealth has been compelled 
to sell its notes under par, and perhaps he considers this as evidence of 
embarrassment tending to justify the gloomy picture which he has drawn of 
public affairs. What notes? None have been sold for less than the face 
of the paper, but a small quantity of the five per cent, scrip. The rate of 
interest allowed by law is six per cent. Does His Excellency mean that 
the par of five per cent, paper is dollar for dollar, and if it does not bring 
that in the market, that it is therefore below par ? If so, all paper bearing 
five per cent, interest will always be below par, when that which bears six 
per cent, is not above it ; for no one knows better than His Excellency, 
that six per cent, is more valuable than five. In 1841-2, the sixes of the 
United States could be had in any quantity, at and below par, (and no one 



n 

questioned their soundness.) So could the best of securities be had at the 
same rate, Avhich is the interest established bylaw. ]n this state of things, 
the fives of Massachusetts must fall as they did — but it only proves the 
embarrassed state of the market, not of the Common u'eallh. It proves 
that money was scarce, and not, as His Excellency would have us believe, 
that the credit of the State was impaired. At the very moment when His 
Excellency heralded forth our embarrassments and want of credit, the fact 
stood before him that $106,543 (J8 of five per cent, scrip, created last au- 
tumn, to redeem the unpaid balance of the funded d^ibt which then be- 
came due, was eagerly taken up at par, proving incontestibly that no paper 
is in better esteem than that of the Commonwealth. If His Excellency 
has examined the daily sales of five per cents, he must also know that our 
scrip has long stood at 86 to 87, when sold in large quantities, while that of 
New York sells at 85. He might, too, have learned by comparing the 
actual value of sixes, which is the lawful rate, with fives, that our scrip if 
and has been almost uniformly above the par of sixes. 

What, then, does his Excellency mean by impaired credit, and being 
compelled to sell our notes under par ? Did he desire to create just that 
state of things which he represents? Did he aim to awaken distrust and 
alarm ? Did he mean to caution the public to shun the scrip, as dan- 
gerous and unsafe ? Did he mean that an impaired credit and an embar- 
rassed condition should cease to be a fable ? If so, he has employed the 
most eflectual means within his power; for he has, from his high station, 
and upon his official responsibility, cautioned the Legislature that an in- 
vestment of the school fund in the Commonwealth's own paper is unsafe. 
It is bold if not reckless ground to take, and the people will hold His Ex- 
cellency accountable for his declaration. This language might be over- 
looked at a clam-bake, but when it comes officially from the chief magis- 
trate, it is justly followed by a more grave responsibility. It is not a light 
matter to deal even ambiguously with the credit of the Commonwealth, and 
His Excellency's experience upon the bench ought to have instructed him 
in the duty, when stating what in the prejudiced state of his intellect he 
may perhaps deem to be truth, of also telling the whole truth, and nothing 
but the truth. Whether he, like an honest man, has done this, or, like a 
partisan, has slid over some facts and partially stated others, that he might 
adroitly lead the public mind to conclusions favorable to his own purposes, 
the people will judge. We have long seen, and seen with pain, that His 
Excellency is a thoroughly-drilled partisan, and we fear that his mind is 
so imbued with the craft of party tactics, that it has in a measure become 
weakened to the force of purely moral influences, and to the appreciation 
of subjects with the candor of an independent statesman, or with the impar- 
tiality which a just administration of public affairs demands. 

How striking an illustration of this truth, we find in another part of the 
address. " We have," (says his Excellency,) " been elected for the pur- 
pose of reforming supposed abuses." He speaks as if his confidence was 
inspired by a command of the people — as if he had been called to his post 
by their voice, and as if they had passed judgment on (his issue. Turning 
from this assumption to facts, one can scarcely credit the truth that he did 
not reach his post by the popular voice— nor by the will of the voters — but 
by the vote of a man elected a Whig, and by Whigs — a man who came to 
this city a Whig— and, to the amazement of his own constituents and of 
all honest men, was found voting with His Excellency's partisans, who 
alone probably knew by what means this sudden conversion was wrought. 
On such a vote thrown in their favor upon all the test questions, hangs the 
success of His Excellency and his friends who were put into the Senate. 



12 

Now whether it was a condition of the bargain that abuses should be re- 
formed, Ilis Excellency best knows; but if it was not, His Excellency's 
language is characterized by that disingenuous glossing of the truth which 
runs tliroiicrh the address. 

Had His Excellency seen fit to intimate, that the high credit which our 
good Commonwealth has enjoyed, in times past in this country and abroad, 
had been somewhat impaired in England, during the past year, in conse- 
quence of the actual repudiation of the bonds of some States of this Union, 
and the threatened repudiation of others, the intimation would have been 
just, and would have afforded a seasonable opportunity for an exhortation, 
to preserve our faith at all hazards, and to maintain, as we always have 
done, our moral integrity, by honorably meeting all our engagements, as a 
Commonwealth. 

But to assort thnt our "pecuniary affairs are in an embarrassed c^nd:- 
tion," that tiie Commonwealth '■ is deeply involved in debt," and, as the 
consequence of these supposed facts, that our " credit is impaired," is, as 
we have already shown, manifestly unjust, highly unbecoming the Chief 
Magistrate of the State, and, coming from one who has so well known her 
past history, extremely disingenuous. 

H" fJis Excellency did not intend, in his remarks upon the financial con- 
dition of the Commonwealth, to blight her honor, it is to be hoped that 
before he shall again be called upon to give any official statement of his 
views upon these subjects, he will have time to learn the difference between 
credit and ability, and realize that the credit of an individual or a State 
may be impaired by circumstances entirely foreign to itself, and without 
affordincr tiie sliorhles>t evidence that its " financial condition is embarrass- 
ed," or that it is burdened with overwhelming debt, or that its affairs have 
been otherwise than prudently managed. 

His F^xcellency declares, " that the provision made by the Legislature 
last year to aid the School Districts in the purchase of libraries, has proved 
partial and unjust in its operation, and failed to accomplish all the objects 
in view;" he adds, "that while the more wealthy and populous Districts, 
which least needed the public aid, have obtained the bounty, the poorer 
and less populous ones, which stood in the greatest need of assistance, not 
having the ability or inclination to perform the condition, have failed to 
derive any benefit from the grant." The law to which His Excellency 
refers, and upon which he invokes public dissatisfaction, provides, that any 
School District which shall raise the sum of $lo towards a library, shall 
receive a like sum from the school fund. This provision is pronounced 
partial and unjust, as favoring the rich and populaus districts, and im- 
pairing the fund at the erprnse of the poorer and less populous Districts. 
If His Excellency had condescended to designate some of the unfortunate 
Districts which are unable to raise $15, and are thus wronged, he would 
have relieved the minds of his readers from much uncertainty, and his 
statements from suspicion. 

In the absence of such evidence, the claims made upon the Treasury by 
the Districts, and the disbursements in fulfilment of the law, may be re- 
sorted to, to test the accuracy of the statement of FJis Excellency, and to 
show how far the law has been unjust and partial, in favoring the rich and 
populous districts. 

In the county of Suffolk, nothing has been claimed. 

In the county of Essex, all the towns have put in claims except six, 
among which are Marblehead, Newburyport and Salem. 

In the county of Middlesex, all the towns have claimed except seven . 



13 

teen, and among these are Cambridge, Framingham, Holliston, Lincoln, 
Lowell, Medford, Newton, Waltham, Westford and Woburn. 

In the county of Worcester, all the towns have claimed except eight, 
among which are Douglas, llolden, Northborpugh, Princeton and West- 
borough. 

In the county of Norfolk, all the towns have claimed except Brooklinc 
and Roxbury. 

In the county of Bristol, all have claimed except New Bedford, Berk- 
ley, Pawtucket and Swanzey. 

In the county of Plymouth, all have claimed except six, araontr which 
are Wareham, Pembroke and Hanover. 

These may be taken as a sample of the towns from which no claims 
have been made ; and whether they are the poor and unpopuious portions 
of the Commonwealth, it is not difficult to decide ; and whether they are 
the places intended to be thus designated by His Excellency, can only be 
known to himself 

But His Excellency thinks the law has proved partial and unjust — favor- 
ing the rich and populous districts. The Legislature was probably under 
some delusion when it made such a law, supposing it to have exactly the 
opposite tendency. They gave to all districts alike. Each was to have 
$\5, whether poor or rich, and whether the population was few or many. 
They knew that large villages, often containing many thousands of inhabi- 
tants and a large number of schools, were generally organized into one 
District, and they placed such a District upon the same footing as the 
smallest and poorest in the Commonwealth, intending to give special sup- 
port to the feeble, by extending benevolence where it was most needed — 
and yet we are told by His Excellency, that a law adopted in this liberal 
spirit, and strained to this remarkable tension for the benelit of the weak, 
is partial and unjust. If His Excellency is not more cautious in the selec- 
tions of topics for popular invective, he may fall under the suspicion of 
having a more sympathizing pen than heart. 

But His Excellency is greatly concerned about the school fund, for 
another reason, "I cannot," (he declares,) "refrain from the expression 
of my apprehension that the investment of it in the scrip of the Common- 
wealth, may endanger its ultimate safety." Why? Does His Excellency 
mean to say that the Commonwealth is a knave, and, like a dishonest 
profligate, will disown its promises, or refuse to fulfil them? The people 
and their Representatives must be gratified with such an opinion of their 
morals and character. But His Excellency proceeds: "Should any of 
the cor/jo ations to whom this scrip has been loaned fail to pay the interest 
or the principal when due, the only security which the school fund would 
have, would consist in the will of the Legislature to impose an annual tax 
to be paid to the several towns, for the support of the town schools." 

Scrip is a writing by which the Commonwealth, under its seal, promises 
to pay a certain sum of money. Does His Excellency mean to imply that 
such paper is doubtful ? Does he mean to invite us to repudiate ? Does 
he mean to declare, that if we come to a tax, we shall corruptly dispute or 
disown our bonds? If not, why throw doubt and distrust over the inatter ? 
Why insiniuate, in plain and palpable terms, that such paper is unsafe? 
And. above all, why call upon the Commonwealth to beware of its own 
obligations, and shun them as insecure ? If the Commonwealth dare not 
trust itself, how can it inspire the confidence or respect of others ? If 
its Chief Magistrate thus sounds the tocsin of alarm from his high station, 
and appeals to the Legislature to separate such paper from the school fund, 



14 

and sell It, because it is unsafe, who will buy it, or what will be the esti- 
mate of our faith and the value of our promises, in the market? Could 
His Excellency have selected a more tender and fatal spot in which to stab 
the public credit? The worst feature, too, in the matter, is, that His 
Excellency has travelled out of his way to find an opportunity to make 
public such alarming opinions. 

He evidently supposes the school fund has been employed to buy up 
scrip which has been loaned to railroad corporations, on which the Com- 
monwealth is in substance a mere surety, the debt being the proper obliga- 
tion of the corporation owing it. He would lead the public to understand, 
that the school fund had been voluntarily invested in such paper, in pre- 
ference to any other ; but this is a totally erroneous and false view of the 
whole matter, as no corporation has any interest whatever in the paper held 
for the benelit of the school fund. It is the paper of the Commonwealth, 
and upon which the Commonwealth alone is liable. 

No one knows better than His Excellency, that several years ago the 
Legislature by law directed the Treasurer to subscribe for ten thousand 
shares in the Western Railroad, which \yere to be paid for in money and 
installments, the same as other shareholders paid for their subscriptions. 
These shares, amounting to a million of dollars. His Excellency also well 
knows were to be paid for, by selling scrip of the Commonwealth, which 
has twenty years to run, in the market to raise the money, because the law 
points all these things out clearly, and a portion of the installments w-ere 
paid under his administration. 

In lrt4l-2, it became necessary to raise six hundred thousand dollars, 
in this manner, to discharge" the remaining installments. The scrip bear- 
ing but five per cent, interest, was brought forward, while six per cents, of 
the United States, under a new loan, were freely offered at par and under. 
The pressure upon the market was unparalleled, the scarcity of money so 
great, and the rates of interest so high, that all stocks fell below all former 
examples. The five per cent, scrip, being less valuable than sixes, fell 
gradually to ten, and below ten per cent, discount, being more valuable 
at that rate, than sixes at par. Under these circumstances it was manifest 
that, if a large amount was offered, they would sink much lower, but 
^•2U0,{')00 of the subrcription, being then due, must be paid. If sold at a 
discount, the Commonwealth must sustain the loss ; for it must redeem 
the scrip, dollar for dollar, and the purchasers would gain the discount. 
The question was, whether a sacrifice growing out of temporary causes of 
depression could be avoided ; for it was believed, and no doubt correctly, 
that so soon as the market should resume a healthy state, the scrip would 
rise to its former value. About §100,000 of the school fund was then 
laying idle in the Treasury, and for this cash $110,000 of the scrip was 
placed in the school fund, whereby the school fund was benefitted to the 
extent of the sacrifice, to which the Commonwealth must else have sub- 
mitted ; and thus the school fund has the bonds of the Commonwealth as 
security, with a gain of $10,000. The only alternative was, to gain this 
to the school fund, or to submit to a loss in the sale, of how much cannot 
be certainly known. If this be censurable, then to husband the funds of 
the Commonwealth, in the best manner, merits condemnation. The school 
fund can suffer nothing, unless the security of the Commonwealth is in- 
adequate to meet the payment. This depends on her observance of her 
faith, and the school fund can have no better foundation than her faith to 
rest upon, for it is at all times in the power of the Legislature to divert it 
to any other object,^or to dispose of it in any way it sees fit. And who 



16 

can doubt that it will be diverted, when the Commonwealth ceases to re- 
gard its solemn, written obligations? It is entirely a gratuitous assumption 
of His Excellency, to suppose that a law, which may any day be repealed, 
will be preserved in good faith amid the wreck of morals, when we shall 
refuse to respect our promises, and shall repudiate our bonds. Whenever 
there is a disposition to rob the school fund, the Legislature will not stop 
at forms, or hesitate about pledges. Whenever moral principle is extinct, 
both bonds and laws will be swept away like cobwebs. 

If we come to a tax to pay for this scrip when it becomes due, which is 
not at all probable, it will be no more burdensome to pay it to the school 
fund than to purchasers of stock, and it must be paid to one or the other, 
or the Commonwealth must refuse to fulfil its promises. But if His Ex- 
cellency feels seriously alarmed at this invesiment — if he believes this 
paper unsafe, and unworthy of confidence — if he looks upon the Common- 
wealth as a dishonest knave, he may order it to be sold to-morrow, and the 
money to be restored to the school fund ; and if it is inadequate to raise 
the amount — the amount taken from that fund — he may create more scrip, 
and sell it to supply the deficiency. There was no occasion for thus pub- 
lishing to the world his distrust of our faith and credit, or of making an 
appeal to the Legislature upon the subject ; and His Excellency must stand 
convicted of seizing the very moment of his entrance upon official duty, to 
proclaim, substantially in one sentence, that our faith must be observed, 
and in another that we have no faith. 

If His Excellency had avowed himself the enemy of education, instead 
of claiming to be its friend — while he throws, out doubts and suspicions 
concerning the expediency of placing suitable books in the hands of chil- 
dren — if he had openly invited repudiation, instead of undermining the 
credit of the State scrip by insinuations of distrust, he would have had, at 
least, credit for frankness. But it cannot become an officer in this high 
station to trifle with facts, for the purpose of leading the public mind to 
mistaken conclusions. 

Nor is it alone, the general management of the system in which His 
Excellency implies distrust ; he descends to particulars. Ilis Excellency 
says, " although the genius of our government requires the greatest practi- 
cable degree of equality in the education of our citizens by elevating and 
more thoroughly difi"using the instruction of our common schools, yet I 
fear that the inequality instead of diminishing, increases tcith the advance- 
ment of knowledge and scifjice." 

This, like many other of his Excellency's views, seems to have been ad- 
vanced without any reference to the statistics which must controvert or sup- 
port it. Among those first principles of the moral government of the world, 
with which His Excellency has favored us, one very important one has 
escaped him, viz : that enlightened persevering eflbrt in any cause will 
effect progress through a law of the Creator, slower indeed, but as certain 
in its results as that by which the lightning cleaves the oak. 

His Excellency knew certainly, that these conditions were all fulfilled in 
relation to our common schools. He knew that the whole time and talents 
of an eminently gifted individual had been devoted for six years to the 
object of elevating and improving them, yet he fears that this work has not 
only failed to progress, but that affairs are absolutely in a more desperate 
condition than when he commenced. If His Excellency will take the 
trouble to look at the abstracts of the school returns, they will show him 
that in hundreds of towns the reports of school committees to their fellow 
citizens who can judge of their truth, are filled with eulogiums of the ad- 
vance and increasing utility of these schools. We are told that they are 



16 

taking the place of private schools and rising in importance with all classes 
of men. 'J'he returns themselves show upon their face the fallacy of His 
Excellency's fears. Let us look at the tables. 

What amount of money has been raised by taxes for the support of Pub- 
lic Schools, including teachers, wages and board for the last five years. 

In ISriT it was 387,124 17 

1838-9, it was, with fuel 447,81)9 9() 

18:59-40, " " 477,221 24 

1840-41, " " 4!)1,()15 23 

1841-2, " " 51(i,or)l 89 

Showin;! an inrrea=e of appropriation in 5 years of 128,927 72 
Adding lo which ihe diminution of tuition in tliat class of private 

schools ihat come in competition with liie public, 18,183 70 

Makes an o.o^recrrite in favor of llie public schools, in five years, of 147,611 42 
"Which is nijre than 33 per cent, advance on the sum raised for teacher's wages, 
board and fuel, in 1837. 

During the same time, more than half a million of dollars have been ex- 
pended in building and repairing school houses, and probably not less than 
$20,000, for libraries and apparatus. 

T.iUe again the number of schools. 

These, in 1837, amounted to 2918 

" 1842, " 3198 



Showing an increase of 280 

Ag.iin, the number of male and female teachers, summer and winter, 

^"^*^^' '^^^'•hncrease 621 

" 1842,' 6782,5^""^^^^' '^'^'■ 

Again, the lime spent in school — 

Average length of 291 8. schools, in 1837, 6 mos. 25 ds. 

» 3198 " 1841-2, 7 " 18 " 

Statistics like these prove the truth of what we have advanced above, 
that the condition and prospects of the common schools justify the happiest 
auguries, to every citizen who knows the facts, with the exception perhaps 
of His Excellency the Governor. 

In stating that in this Commonwealth, the political doctrine of the equal- 
ity of man is not regarded, His Excellency throws a stigma on the free insti- 
tutions of our fathers. In expressing a doubt as to the security of the scrip, 
he has thrown a blot on our untarnished credit; and in proclaiming his 
fears, as to the condition of the common schools, with the evidence before 
him, he has undervalued the spirit of the people and the choicest institu- 
tions of our land. We wait for His Excellency and his friends to bring 
forward some of the promised improvements that shall wash away the stain 
they have cast upon the State, — and will assure the public that the Whig 
members of the Legislature will be ready to co-operate in any measure, 
" calculated to improve our general laws, to secure the rights of the people, 
to protect the weak, to relieve the distressed, to promote industry, economy, 
education and good morals, and to increase the comforts, the happiness and 
the prosperity of the people of the Commonwealth." 

In behalf and by direction of the Whig members of the Legislature. 

JOSIAH QUINCY, Jr. > 
EDWARD DICKINSON, S Senator*. 
SAMUEL A. ELIOT, ^ 

SAMUEL H. WALLEY, Jr. ^ 

CHARLES FRANCIS ADAMS, | 

ENSIGN H. KELLOGG, ^ Representatives. 

J. THOS. STEPHENSON, 

LORING MOODY, J 



ADDRESS 



or 



THE WHIG MEMBERS 



OF 



THE SENATE AND HOUSE OF REPRESENTATIVES OF MASSACHUSETTS, 



TO THEIR CONSTITUENTS, 



OCCASIONXD BY THE INADGCRAL ADDRESS OF 



HIS EXCELLENCY MARCUS MORTON. 



BOSTON: 

PRESS OF T. R. MARVIN, 24 CONGRESS STREET. 

1843. 



A'^'^ 






ADDRESS. 



The Whig Members of the Legislature of Massachusetts feel that a no- 
tice of some of the statements set forth in the recent Address of His Excel- 
lency the Governor is due to themselves, to their constituents, and to the 
public. 

In speaking of this document they would treat it with the respect due to 
the official station occupied by His Excellency — but at the same time, with 
the boldness that becomes freemen in speaking to one who, in their opin- 
ion, is using the influence of his high office for the furtherance of party 
purposes; who is disparaging our free institutions, — impugning the credit 
and honor of the State, and endeavoring to exalt himself under cover of 
unfounded statements regarding the measures of his predecessors. 

The address resembles that issued three years since, by His Excellency, 
both in the topics it notices, and in those it omits. Like that, it declaims 
against our government, and makes vague and uncertain promises of re- 
form, and is not wanting in an ostentatious parade of political, moral and 
religious truisms. It also, like that, avoids any notice of most of the great 
interests of our Commonwealth — its fisheries — its public lands — its manu- 
factures — its commerce. On these, and kindred subjects, no information 
is given respecting their present condition — no suggestions for their future 
advancement. No allusion is made to the great question recently settled 
between the government of the United States and that of Great Britain, in 
which the pecuniary interest, and the public honor of this Commonwealth, 
is deeply involved. The Massachusetts claim is now before Congress, yet 
with all the discussion of the finances, no hint is given of its existence, or 
its prospects. 

The rights of slaves, and the claims of slaveholders in relationto fugitive 
slaves in this Commonwealth, is a subject which has of late been consider- 
ed with deep interest throughout the country ; and it was hoped we might 
have been favored with His Excellency's opinions respecting it. Here again 
we are disappointed. On topics of public interest, where opinions differ, 
and on which the public looked for His Excellency's views, a rigid silence is 
maintained. On those which might be available for the creation of political 
capital, eloquence is not spared. Allusions to the differences of condition, 
which are a necessary result of the constitution of man — sinister remarks 
on the motives and acts of predecessors — the most common-place moral 
sentiments, and universally admitted principles of government, — put forth 
as if they were the peculiar discoveries and exclusive property of His Ex- 
cellency, and his political friends, of all this there is enough to make one 
regret, that when His Excellency became the head of the State, he did not 
feel it his duty to remember that he was no longer only the chief of his 
party. 

On some of the topics there can be no difference of opinion. The vast 
importance of public schools, the immense good which is resulting from the 



temperance cause, are cheerfully acknowledged by all ; and the necessity 
of guarding the ballot box has been most clearly shown in those troubles in 
a neighboring State, to which His Excellency alludes, where it was proved 
that majorities had been affected by extending the franchise to men who 
were absent, to those who never had existed, and to some who had been for 
years in their graves. 

There are however some points which demand a more particular atten- 
tion as involving the preservation of the rights of the citizen, the credit of 
the State, and the honor of the honorable men who have presided over its 
counsels. 

A very considerable portion of His Excellency's address is devoted to the 
subject of taxation. It contains many unexceptionable remarks, and lays 
down several undeniable positions in relation to the nature and objects of 
taxation, and the difficulties which always have and probably always will 
attend the imposition of taxes. 

His Excellency very justly observes that the power for indirect taxation 
is assumed by the General Government, whose expenses are defrayed en- 
tirely from that source, while those of this Commonwealth have long been 
paid by specific taxes on certain kinds of property without any direct 
charge upon the people. 

There is nothing then for which the people of this State are called upon 
to tax themselves, but those County and Municipal charges, which as they 
vary in each Town and County must necessarily be left to the inhabitants 
of each to assess upon themselves. 

That our system of assessment might be improved we are not disposed 
to deny, but as no complaint has been made, nor any alteration of the laws 
called for by petition or otherwise, we had not supposed that this could be 
considered a matter which pressed itself very strongly on the attention of 
the Legislature at this moment. 

As His Excellency has thought proper however to lay no little stress 
upon it, and has hinted at one important measure connected with it, and 
very distinctly and emphatically recommended another, we beg leave to 
notice somewhat at larore the ground he has taken and the arguments he 
has put forward. 

His Excellency opens the subject with a maxim which is incontroverti- 
ble, and to which we would call especial attention. It is this — " Goverri- 
ment being instituted for the common benefit, its support should be a common 
burden. The contributions should undoubtedly bear some proportion to 
the benefits derived, and those who have most under the protection of the 
Government, should contribute most towards its support. But as its pro- 
tecting power is necessary to all, and as the benefits derived are incompar- 
ably greater than the burdens imposed, the most equitable practical rule is, 
tliat each should contribute according to his ability to pay." 

His Excellency then proceeds to such general remarks as we have above 
alluded to, and which we shall not particularly notice until we reach the 
following sentences : 

" Real estate, which is not the most productive species of property, being incapable 
of concealment, receives more than its just share of taxation ; while personal properly, 
and especially shares in joint-stock companies, and money at interest, being less tangi- 
ble and visible, in some measure escape the notice of the assessors. The agricultural 
interest is not only the first and greatest interest, but the basis of all other branches of 
industry. It comprehends three times as many persons as any other pursuit, and more 
than all others imiied. As a class, they ask less and contribute more than any other 
class. And while they seek no special privileges or exclusive advantages for themselves, 
they are peculiarly liable to be preyed upon by them in the hands of otliers. If any 



remedy for the unequal burdens imposed upon them can be devised, it will be our dutj, 
as I am sure it will be our pleasure, to adopt it. 

" Another remark which, doubtless, has occurred to every one conversant with the 
practical course of direct taxation, is that the assessments are almost invariably heavier 
upon the poorer than upon the wealthier classes. As the pro|)erty diniinislies, the ability 
to pay taxes more rapidly diminishes. Yet it is feared that, in practice, the proportion 
of the taxes to the estate, increases as the ability to pay decreases. This tendency 
should be strenuously counteracted, especially as, in our complicated system, the in- 
direct taxes, depending on consumption, take nearly as much from (he poor man as the 
rich one. And, if we cannot countervail the inequality of indirect taxation, we should 
be cautions not to increase it by a corresponding inequality in our direct taxes. It is 
worthy of your consideration, whether some relief may not be found by transferring the 
assessment on mortgaged estates, to the extent of the amount secured, from the nxut- 
gaojor to the mortgagee. This would prevent the same property from being twice taxed, 
or the money at interest from escaping taxation." 

To his remarks on the value, numbers and importance of the agricul- 
turists of the Commonwealth, we give our most hearty assent, nor have we 
anything to object to his Excellency's recommendation that great caution 
be had not to make the taxes bear with undue weight upon the poor man, 
althouoh we cannot altogether admit the force of his remark that our com- 
plicated system of indirect taxes depending on consumption takes nearly 
as much from the poor man as the rich one. 

We have been led to believe that the present tariff of duties favors very 
much those articles which are consumed by the poor, and that several of 
the most important of them are entirely free of duty. 

However this may be, the remedy proposed by His Excellency at the 
close of the passage just quoted, seems to us very little calculated to give 
relief to what are properly called the poor. How the transferring the as- 
sessment on mortgaged estates to the extent of the amount secured, from 
the mortgagor to the mortgagee, is materially to affect this class of per- 
sons, is not very clear. 

A man to obtain a loan on mortgage, must in the first place have pro- 
perty to mortgage, and moreover some degree of credit. In very many in- 
stances the mortgagor is much richer than the mortgagee. It is only ne- 
cessary to glance at the returns of the Savings Banks lately printed by 
order of the Legislature, to see that these institutions in this State have 
nearly 2,000,000 of dollars invested on mortgage. The lenders are the 
depositors in these Banks, whose hard earned savings are loaned on mort- 
gage to persons of property at six per cent. Now the effect of His Ex- 
cellency's plan, as far as we can understand it, would be to transfer the tax 
from the comparatively rich mortgagers to the poor mortgagees, thus de- 
priving them of their fair and just interest on their small deposits. The 
same remark applies to all charitable institutions who have loaned money 
on mortgage. In all cases, if applied to already existing contracts, such a 
law would be in direct violation of one of the plainest principles of justice, 
as well as of the express provisions of the Constitution. Should it be 
made applicable only to mortgages made subsequent to the passage of the 
law, one of two things would result. It would either put a stop to the loan 
of money on mortgage, or every such instrument would contain an express 
stipulation that the taxes on the mortgaged premises should be paid by the 
mortgagor. The mere suggestion of His Excellency has already excited a 
considerable degree of alarm, and seriously interferes with those who are 
seeking to raise money on mortgage. 

The remedy contemplated by His Excellency is so faintly shadowed 
forth in the address, that we cannot venture to pronounce precisely what 
it is. 
We regret that considering the importance His Excellency appears to 



attach to a measure of relief, founded on the relation of mortgagor and 
mortgagee, that he had not thought proper to favor the Legislature with 
his views on the subject in a more definite and tangible shape. May we 
not hope that in the course of the session His Excellency will lay before 
the two branches, a distinct measure founded on the suggestion thrown out 
in the address. 

Passing from this branch of the subject, His Excellency proceeds as 
follows : " Another measure of relief to the poor tax payer, which I re- 
commend to your favorable regard, is the reduction of the poll tax. This 
would accomplish two objects, the one affecting essential political rights, 
and both worthy of earnest consideration." 

The two following paragraphs contain all that is said on this point, and 
we confess we can see in them but one of the objects mentioned above. 
What the other may be, probably from some fault of our own, we are 
unable to perceive. 

" I hold that every man has a natural right to a voice, and an equal voice, in the 
government under virliich he hves — a voice, which, like other essential rights, he may 
forfeit by his own misconduct, but, of which he cannot rightfully be deprived without 
his fault. This right is not derived from the government. It cannot be bought of it 
by the payment of a price ; nor can it be withheld by an omission to call for, or a re- 
fusal to receive money. Every man, whether he pays taxes or not, owes duties to the 
government over him ; is entitled to protection from it ; is bound by its decrees, and 
has a riffht to be heard in making them. 

" The poliiical axiom so much venerated in the days of the revolution, that ' repre- 
sentation and taxation go together,' was used only to deny the liability to taxation of, 
those who had no voice in imposing the taxes ; but never was relied upon to exclude 
any from the right of suffrage, because they were omitted from the tax bills. But, in 
any sense, it is broad enough to support universal suffrage. For every man who con- 
sumes dutiable articles, pay.s a tax. And who is there that dues not, every year, in the 
duties on the goods consumed by him, contribute to the revenue, many times the amount 
of a single poll-tax .'' I therefore recommend that the poll-tax be reduced to a very 
small sum, and tiiat it he imposed upon every male between the ages of twenty and 
seventy years, 'excepting paupers and persons under guardianship.' " 

In the matter of taxation, it has been the custom of this Commonwealth, 
froiT) the earliest times, to proceed on the maxim laid down by His Excel- 
lency, " that government being instituted for the common benefit, its sup- 
port should be a common burden." Those having property, have been 
taxed according to that property ; and those who, although they may not 
have accumulated wealth, are in the exercise of gainful emyloyments, by 
which they are enabled to earn a comfortable support, have been assessed 
in a moderate tax on their persons. As the law now stands, this tax is not 
less than one-sixth of the whole tax assessed, provided that in no case shall 
the poll tax exceed one dollar and fifty cents. Assessors have, moreover, 
the power to remit the tax altogether where they are satisfied that the cir- 
cumstances of the individual require it, without affecting the political 
rights of the individual. 

This has seemed to us one of the most characteristic and beautiful fea- 
tures in our system ; and has, as we think, contributed in no small degree 
to the prosperity and influence of this Commonwealth. 

Every man is entitled to equal rights before the law, to equal privileges 
in the courts, in the public schools, and in the exercise of political rights. 
To use His Excellency's words, " he has an equal voice in the government 
under which he lives." He claims this as a right. He demands it as his 
malienable privilege and birthright — and why? Because, as far as their 
means have admitted, both his forefathers and himself have contributed to 
the general fund. He sends his children to the public schools not as a 



favor, but as a right — claiming what is his by the clearest of all titles, that 
of a tax payer. Notwithstanding His Excellency's assertion, that these 
privileges cannot be bought by the payment of a price, it is a well known 
principle in human nature, that men set a small value on that which costs 
them nothing. The youthful sons of Massachusetts, who are starting in 
the race of life, with health, strength, and a good education, trusting to 
these to place them hereafter among those who have acquired property, 
press forward with confidence, because they feel that by the payment of 
one, or at most two day's earning out of the year, they are enabled to take 
rank as freemen. Having deposited this pledge of their determination to 
discharge the duties, they claim with an honest pride the rights of citizens. 
Unless we very much mistake the character of this class of persons, 
they will feel under no obligation to him who shall propose, without any 
request on their part, to degrade them from this honorable position. Does 
His Excellency think that the agricultural laborers, young mechanics, and 
professional men of the State, will consider it a boon to be made in the 
eye of the \?i\v, paupers — to be told that they are not to be allowed to con- 
tribute in ever so small a degree to the public burdens, until they shall be- 
come rich ? Does he think they will value their privileges as they now do, 
when they find themselves not accounted of sufficient importance to be 
called upon even for a poll tax ? Unless we have entirely misunderstood 
the ordinary motives and feelings of mankind, and the peculiar character of 
the New England population, they will claim the right to stand on an 
equality with their more wealthy fellow citizens, by contributing, according 
to their means, to the common stock. 

But leaving this part of the subject, let us examine for a moment the 
effects of abolishing or of materially reducing the poll tax on the various 
interests of the Commonwealth, and especially on that most valuable class 
which His Excellency has so justly extolled and so highly recommended — 
the land owners and husbandmen. 

It is well know that the last year has been particularly disastrous to the 
agricultural portion of the community ; while their produce has been de- 
pressed to an unexampled degree, their expenses have been very little di- 
minished ; while the demand for the articles raised has been almost at a 
stand, they have paid very nearly the same wages as formerly. That por- 
tion of the burdens which has heretofore been defrayed from the poll tax, 
will fall upon them with peculiar weight. Many of the subjects of this 
tax are transient residents in the State — passing from town to town, and 
remaining among us but a year or two — during their stay enjoying all the 
advantages and exercising all the rights of citizens, availing themselves of 
our schools, saving banks, provision for public worship, facilities of inter- 
course, &.C., and whenever it suits their convenience, taking leave and 
carrying their earnings with them. Is there any reason in equity or jus- 
tice why these persons should not by a light poll tax, contribute in some 
degree while they stay among us, towards the public burden ? Is it fair or 
just now, at a moment of uncommon depression, to release this class of 
persons from all contribution, and throw the additional weight on the 
already suffering farmers of the State ? A class of men who, being bound 
to the soil, have no escape, but must abide the consequences of oar legis- 
lation, be it what it may. In the seaport and manufacturing towns, there 
is constantly to be found a very large class of persons, mostly foreigners 
and inhabitants of other States, to whom the same remarks will apply. If 
they cannot be reached by a poll tax, the resident population is obliged to 
bear the expense of their support, in addition to its own. For these an4 



8 



other reasons, His Excellency must excuse us for dissenting wholly from 
the recommendations in the address in relation to taxation. 

The foregoing remarks are not intended to apply to the proposition to 
restrict the poll tax to persons between the ages of twenty and seventy. 
To this we see no objection, but think it will relieve the very class of per- 
sons on whom the abolition, or material reduction of the whole tax would 
weigh most heavily. 

In order to illustrate the operation of the proposed reduction of the poll 
tax upon the agricultural and other interests, we subjoin the following 
tables. 



No. l.» 

A TABLE, shotoing the aggregate of the Poll Tax 
in the Counties, as compiled from the polls of the 
cities and towns in those Counties, under existing 
]avi3, estimatin ^ the present average poll taz at07te 
dollar and twenttj-Jive cents each poll, — and com- 
paring it lotth a poll taz of fifty cents, to be as- 
sessed onpolls from twenty to seventy years of age. 



Couulies. 



Suffolk, 

Essex, 
Middlesex, . 
V\ orcester, 
Hampshire, 
Hampden, . 
Franklin, . 
Berkshire, . 
Norfolk, 
Bristol, 
Plymouth, . 
Barnstable, 
Dukes, 
Nantucket, 





Amount which 


Ami. assessed 


would be re- 


under exist* 


ceived from a 


'lag laws. 


poll tax ot SO 




cts. 


$22,970 


$7,810 


27,864 


9,474 


33,130 


11,264 


29,798 


10,132 


9,001 


3,060 


11,422 


3,884 


8,562 


2,911 


12,374 


4,206 


16,537 


5,623 


16,684 


5,672 


14,002 


4,761 


9,369 


3,185 


1,266 


430 


2,427 


825 


$215,406 


$73,237 




In regard to the finances, His Excellency observes, " in assuming the 
government of the Commonwealth, we find its pecuniary affairs in an 
embarrassed condition. It is deeply involved in debt. Its credit is impaired. 
It has been compelled to sell its own notes under par, to meet its obliga- 
tions. It has become a partner in a joint stock company, controlled by 
individuals. Its stock will take from the earnings of the people, more than 
fifty thousand dollars a year, without any present prospect of a return in 
dividends." Again, " the State now owes a debt of one million two hundred 
thousand dollars for money which during the last eight years it has expen- 
ded over and above its receipts, and five millions of dollars on the scrip or 
notes it has issued, and for which it holds the securities of several Rail 
Road Corporations." 

Much more of a similar character might be extracted, but this sufficiently 
indicates the temper of the Address, and the object of His Excellency, to 
cast the most gloomy and repulsive shade upon public aflfairs. He declares 
from his high station, that we are so overwhelmed with debt, that our credit 
is impaired, and that we are forced to sell our paper below par. He de- 
clares that we have a subsisting debt of $1,200,000 created by an excess 
of expenditure over our income, leaving the public to infer that it is the 
result of wasteful unjustifiable extravagance, from which we shall only be 



* In these tables an allowance is made of fifteen per cent, for the change of the limit of the poll taz, from 
the B^e of lixteen to twenty years. 



able to extricate ourselves by severe economy and taxation. His Excel- 
lency has staked his character and honor upon these broad unqualified 
assertions, and if the credit of the Commonwealth is not impaired, if the 
linances are not deranged, if we are not compelled to sell our paper under 
par, and the people are not oppressed with debt, he must stand responsible 
for this abuse of truth, this official attempt to impose upon the public. 

Let us then look into the public documents and see whether the treasury 
is embarrassed, and the other consequences follow. We will go back to 
January 1, 1840, when His Excellency came into the chair, and ascertain 
the annual income and expenditure since that time. There was then a 
funded debt of $294,137. 

INCOME. EXPENDITURE. 

1840—405.74164 415,848 43 Excess of Expenditure, 10,106 79 

1841—404,313 18 399,928 57 Balance of Income, 4,384 61 

1842—415,798 97 351,550 87 Balance of Income, 64,248 10 

This shows an excess of income over expenditures for these three years, of 

the sum of 58,525 92 

Which should be corrected by the substraction of fund received to redeem 
Charlestown Bridge scrip, 3,504 66 

55,021 26 
And increased by the balance of unfunded debt in 1840, which was not an 
ordinary expenditure, 7,905 77 

Leaving the actual excess of revenue, $62,927 03 

During the year 1842, there has been paid from the Treasury 
SI 19,944 92 of the public funded debt, leaving now due $174,192 08. 
There has also been paid in addition to the ordinary expenses, $27,000 of 
interest on Rail Road scrip. 

Thus it appears that the Treasury has in one year paid more than two 
fifths of the debt, leaving a balance of only $174,000 due. It also appears 
that in 1842, the Treasury is stronger than in 1840 by $74,917 42; and 
it further appears that on the first of January, 1843, there was a balance 
remaining in the Treasury of more than $41,000. 

There is due from the United States $150,000 on account of the late 
treaty with Great Britain, which being deducted from the balance of debt 
will leave $24,000, and the Treasury can probably meet this amount 
besides the ordinary expenses. The funded debt may, therefore, be all 
discharged or provided for, within the current year, if the system of 
economy which has been marked out and thus far adhered to is pursued. 
Indeed this result cannot be avoided unless the expenses are unnecessarily 
increased, and this must depend upon the Legislature and His Excellency. 
But there is still a further resource, an acknowledged debt due from the 
United States, of which the share of the Commonwealth is about $180,000. 

Thus stands the Treasury independent of the Rail Roads, strong and 
prosperous, having the most ample resources to meet all its liabilities within 
the current year, and will if our honest dues are paid, be left with an 
unusual surplus. It has vindicated its character by a prompt discharge of 
all its liabilities, and has commanded the public confidence in spite of the 
libels which have been heaped upon it. This is proved by the avidity with 
which the renewed stock for the balance of the funded debt was taken up, 
during the last fall at par. 

But His Excellency insists that the Commonwealth owes a debt of 
$1,200,000 which is the excess of expenditure over income, and insinuates 
that it is the result of prodigal, party legislation. He also informs us that 

2 



10 

if his advice, given in 1840, had been regarded, this debt would have been 
avoided. 

If the facts sustain these charges there is culpability somewhere, if not, 
the people will decide for themselves whether a perversion of the truth 
becomes their Chief Magistrate. 

We have already stated that by a law of 1830, a law too, passed almost 
unanimously with His Excellency's political friends in the lead, the Trea- 
surer was directed to subscribe for 10,000 shares in the Western Rail Road 
Company amounting to $1,000,000, which sum was to be paid in, as de- 
manded of the share holders, and the money was to be raised by the sale 
of scrip bearing an interest of five per cent. In this manner, and for this 
purpose, and not for ordinary expetiditure, as His Excellency would have 
the public to understand, was this liability created, not by the instigation of 
a party, unless the lead of His Excellency's friends give it that character, 
but with uncommon unanimity and harmony of opinion. W^e owe, it is 
true, to the banks $430,000, but this is a part of the million loan, author- 
ised by the law of 1837, and borrowed in 1842, to save a sacrifice in the 
sale of scrip, when the money market was unusually depressed, and money 
was not obtainable except at high rates of interest. As the laws now 
stand, this is to be replaced by the sale of scrip, as soon as the market 
resumes its former healthy tone. This scrip runs for twenty years, and the 
worst that can happen to the Commonwealth is to pay the annual interest 
till the dividends are sufficient to meet it, which will happen at no re-mote 
day, if the experience of the past year indicates coming events. 

VVe owe, then, $174,000 of the funded debt, which may be paid this 
year — nay, is provided for now, and we have a million, or what is equiva- 
lent to a million, of this outstanding scrip, for which we hold as an e(|uiva- 
lent, ten thousand shares, which, sneeringly as His Excellency is pleased 
to speak of the railroad, will eventually be good, if all signs of promise do 
not fail. 

Do these facts justify the Governor in declaring to the world officially, 
that our finances are embarrassed ? Do they authorise him, as he takes 
his seat in the chair, to proclaim that by excess of expetiditure we owe 
$1,200,000? Above all, do they exculpate His Excellency when he de- 
clares that in 1840 this liability might have been avoided? Had not the 
State before that time solemnly pledged its faith and paid part of the 
money? Was not the debt actually created by the 172d chapter of the 
statutes of 1837? On what principle, then, could the Commonwealth 
shun its liability ? It had promised to pay the balance, and resting on this 
promise, the work had been commenced and was then far advanced. 
Could the State annul the contract? If that be His Excellency's opinion, 
in what code of law or morals has he studied his duties ? 

But His Excellency affirms that the Commonwealth has been compelled 
to sell its notes under par, and perhaps he considers this as evidence of 
embarrassment tending to justify the gloomy picture which he has drawn of 
public aff'airs. What notes ? None have been sold for less than the face 
of the paper, but a small quantity of the five per cent, scrip. The rate of 
interest allowed by law is six per cent. Does His Excellency mean that 
the par of five per cent, paper is dollar for dollar, and if it does not bring 
that in the market, that it is therefore below par ? If so, all paper bearing 
five per cent, interest will always be below par, when that which bears six 
per cent, is not above it; for no one knows better than His Excellency, 
that six per cent, is more valuable than five. In 1841-2, the sixes of the 
United States could be had in any quantity, at and below par, (and no one 



11 

questioned their soundness.) So could the best of securities be had at the 
same rate, which is the interest established bylaw. In this state of things, 
the fives of Massachusetts must fall as they did — but it only proves the 
embarrassed state of the market, not of the Commonwealth. It proves 
that money was scarce, and not, as His E.xcellency would have us believe, 
that the credit of the State was impaired. At the very moment when His 
Excellency heralded forth our embarrassments and want of credit, the fact 
stood before him that $106,543 08 of five per cent, scrip, created last au- 
tumn, to redeem the unpaid balance of the funded di;bt which tiien be- 
came due, was eagerly taken up at par, proving incontestibly that no paper 
is in better esteem than that of the Commonwealth. If His Excellency 
has examined the daily sales of five per cents, he must also know that our 
scrip has long stood at 80 to 87, when sold in large quantities, while that of 
New York sells at 85. He might, too, have learned by comparing the 
actual value of si.xes, which is the lawful rate, with fives, that our scrip is 
and has been almost uniformly above the par of sixes. 

What, then, does his Excellency mean by impaired credit, and being 
compelled to sell our notes under par ? Did he desire to create just that 
state of things which he represents? Did he aim to awaken distrust and 
alarm ? Did he mean to caution the public to shun the scrip, as dan- 
gerous and unsafe 1 Did he mean that an impaired credit and an embar- 
rassed condition should cease to be a fable? If so, he has employed the 
most effectual means within his power ; for he has, from his high station, 
and upon his official responsibility, cautioned the Legislature that an in- 
vestment of the school fund in the Commonwealth's own paper is unsafe. 
It is bold if not reckless ground to take, and the people will hold His Ex- 
cellency accountable for his declaration. This lanoruatre might be over- 
looked at a clam-bake, but when it comes officially from the chief magis- 
trate, it is justly followed by a more grave responsibility. It is not a light 
matter to deal even ambiguously with the credit of the Commonwealth, and 
His Excellency's experience upon the bench ought to have instructed him 
in the duty, when stating what in the prejudiced state of his intellect he 
may perhaps deem to be truth, of also telling the whole truth, and nothing 
but the truth. Whether he, like an honest man, has done this, or, like a 
partisan, has slid over some facts and partially stated others, that he might 
adroitly lead the public mind to conclusions favorable to his own purposes, 
the people will judge. We have long seen, and seen with pain, that His 
Excellency is a thoroughly-drilled partisan, and we fear that his mind is 
so imbued with the craft of party tactics, that it has in a measure become 
weakened to the force of purely moral influences, and to the appreciation 
of subjects with the candor of an independent statesman, or with the impar- 
tiality which a just administration of public afTairs demands. 

How striking an illustration of this truth, we find in another part of the 
address. " We have," (says his Excellency,) " been elected for the pur- 
pose of reforming supposed abuses." He speaks as if his confidence was 
inspired by a command of the people — as if he had been called to his post 
by their voice, and as if they had passed judgment'on this issue. Turning 
from this assumption to facts, one can scarcely credit the truth that he did 
not reach his post by the popular voice — nor by the will of the voters — but 
by the vote of a man elected a Whig, and by Whigs — a man who came to 
this city a Whig — and, to the amazement of his own constituents and of 
all honest men, was found voting with His Excellency's partisans, who 
alone probably knew by what means this sudden conversion was wrought. 
On such a vote thrown in their favor upon all the test questions, hangs the 
success of His Excellency and his friends who were put into the Senate. 



12 

Now whether it was a condition of the bargain that abuses should be re- 
formed, His Excellency best knows; but if it was not, His Excellency's 
language is characterized by that disingenuous glossing of the truth which 
runs through the address. 

Had His Excellency seen fit to intimate, that the high credit which our 
good Commonwealth has enjoyed, in times past in this country and abroad, 
had been somewhat impaired in England, during the past year, in conse- 
quence of the actual repudiation of the bonds of some States of this Union, 
and the threatened repudiation of others, the intimation would have been 
just, and would have afforded a seasonable opportunity for an exhortation, 
to preserve our faith at all hazards, and to maintain, as we always have 
done, our moral integrity, by honorably meeting all our engagements, as a 
Commonwealth. 

But to assert that our "pecuniary affairs are in an embarrassed condi- 
tion," that the Commonwealth '• is deeply involved in debt," and, as the 
consequence of these supposed facts, that our " credit is impaired," is, as 
we have already shown, manifestly unjust, highly unbecoming the Chief 
Magistrate of the State, and, coming from one who has so well known her 
past history, extremely disingenuous. 

Tf His Excellency did not intend, in his remarks upon the financial con- 
dition of the Commonwealth, to blight her honor, it is to be hoped that 
before he shall again be called upon to give any official statement of his 
views upon these subjects, he will have time to learn the difference between 
credit and ability, and realize that the credit of an individual or a State 
may be impaired by circumstances entirely foreign to itself, and without 
affording the slightest evidence that its " financial condition is embarrass- 
ed," or that it is burdened with overwhelming debt, or that its affairs have 
been otherwise than prudently managed. 

His Excellency declares, " that the provision made by the Legislature 
last year to aid the School Districts in the purchase of libraries, has proved 
partial and unjust in its operation, and failed to accomplish all the objects 
in view;" he adds, "that while the more wealthy and populous Districts, 
which least needed the public aid, have obtained the bounty, the poorer 
and less populous ones, which stood in the greatest need of assistance, not 
having the ability or inclination to perform the condition, have failed to 
derive any benefit from the grant." The law to which His Excellency 
refers, and upon which he invokes public dissatisfaction, provides, that any 
School District which shall raise the sum of $15 towards a library, shall 
receive a like suni from the school fund. This provision is pronounced 
partial and unjust, as favoring the rich and populous districts, and im- 
pairing the fund at the expense of the poorer and less populous Districts. 
If His Excellency had condescended to designate some of the unfortunate 
Districts which are unable to raise $15, and are thus wronged, he would 
have relieved the minds of his readers from much uncertainty, and his 
statements from suspicion. 

In the absence of such evidence, the claims made upon the Treasury by 
the Districts, and the disbursements in fulfilment of the law, may be re- 
sorted to, to test the accuracy of the statement of His Excellency, and to 
show how far the law has been unjust and partial, in favoring the rich and 
populous districts. 

In the county of Suffolk, nothing has been claimed. 

In the county of Essex, all the towns have put in claimsexcept six, 
among which are Marblehead, Newburyport and Salem. 

In the county of Middlesex, all the towns have claimed except seven. 



13 

leen, and among these are Cambridge, Framingham, Holliston, Lincoln, 
Lowell, Medford, Newton, Waltham, \Vestford and Woburn. 

In the county of Worcester, all the towns have claimed except eight, 
among which are Douglas, Holden, Northborough, Princeton and West- 
borough. 

In the county of Norfolk, all the towns have claimed except Brookline 
and Roxbury. 

In the county of Bristol, all have claimed except New Bedford, Berk- 
ley, Pawtucket and Swanzey. 

In the county of Plymouth, all have claimed except six, among which 
are Wareham, Pembroke and Hanover. 

These may be taken as a sample of the towns^from which no claims 
have been made ; and whether they are the poor and unpopulous portions 
of the Commonwealth, it is not difficult to decide ; and whether they are 
the places intended to be thus designated by His Excellency, can only be 
known to himself 

But His Excellency thinks the law has proved partial and unjust — favor- 
ing the rich and populous districts. The Legislature was probably under 
some delusion when it made such a law, supposing it to have exactly the 
opposite tendency. They gave to all districts alike. Each was to have 
^15, whether poor or rich, and whether the population was few or many. 
They knew that large villages, often containing many thousands of inhabi- 
tants and a large number of schools, were generally organized into one 
District, and they placed such a District upon the same footing as the 
smallest and poorest in the Commonwealth, intending to give special sup- 
port to the feeble, by extending benevolence where it was most needed — 
and yet we are told by His Excellency, that a law adopted in this liberal 
spirit, and strained to this remarkable tension for the benefit of the weak, 
is partial and unjust. If His Excellency is not more cautious in the selec- 
tions of topics for popular invective, he may fall under the suspicion of 
having a more sympathizing pen than heart. 

But His Excellency is greatly concerned about the school fund, for 
another reason, " I cannot," (he declares,) " refrain from the expression 
of my apprehension that the investment of it in the scrip of the Common- 
wealth, may endanger its ultimate safety." Why? Does His Excellency 
mean to say that the Commonwealth is a knave, and, like a dishonest 
profligate, will disown its promises, or refuse to fulfil them? The people 
and their Representatives must be gratified with such an opinion of their 
morals and character. But His Excellency proceeds: "Should any of 
the corporations to whom this scrip has been loaned fail to pay the interest 
or the principal when due, the only security which the school fund would 
have, would consist in the will of the Legislature to impose an annual tax 
to be paid to the several towns, for the support of the town schools." 

Scrip is a writing by which the Commonwealth, under its seal, promises 
to pay a certain sum of money. Does His Excellency mean to imply that 
such paper is doubtful ? Does he mean to invite us to repudiate 1 Does 
he mean to declare, that if we come to a tax, we shall corruptly dispute or 
disown our bonds ? If not, why throw doubt and distrust over the matter ? 
Why insiniuate, in plain and palpable terms, that such paper is unsafe? 
And, above all, why call upon the Commonwealth to beware of its own 
obligations, and shun them as insecure ? If the Commonwealth dare not 
trust itself, how can it inspire the confidence or respect of others ? If 
its Chief Magistrate thus sounds the tocsin of alarm from his high station, 
and appeals to the Legislature to separate such paper from the school fund, 



14 

and sell it, because it is unsafe, who will buy it, or what will be the esti- 
mate of our faith and the value of our promises, in the market? Could 
His Excellency have selected a more tender and fatal spot in which to stab 
the pul)iic credit? The worst feature, too, in the matter, is, that His 
Excellency has travelled out of his way to fin'd an opportunity to make 
public such alarming opinions. 

He evidently supposes the school fund has been employed to buy up 
scrip which has been loaned to railroad corporations, on which the Com- 
monwealth is in substance a mere surety, the debt being the proper obliga- 
tion of the corporation owing it. He would lead the public to understand, 
that the school fund had been voluntarily invested in such paper, in pre- 
ference to any other ; but this is a totally erroneous and false view of the 
whole matter, as no corporation has any interest whatever in the paper held 
for the benetit of the school fund. It is the paper of the Commonwealth, 
and upon which the Commonwealth alone is liable. 

No one knows better than His Excellency, that several years ago the 
Legislature by law directed the Treasurer to subscribe for ten thousand 
shares in the Western Railroad, which were to be paid for in money and 
installments, the same as other shareholders paid for their subscriptions. 
These shares, amounting to a million of dollars. His Excellency also well 
knows were to be paid for, by selling scrip of the Commonwealth, which 
has twenty years to run, in the market to raise the money, because the law 
points all these things out clearly, and a portion of the installments were 
paid under his administration. 

In 1841-2, it became necessary to raise six hundred thousand dollars, 
in this manner, to discharge the remaining installments. The scrip bear- 
ing but five per cent, interest, was brought forward, while six per cents, of 
the United States, under a new loan, were freely offered at par and under. 
The pressure upon the market was unparalleled, the scarcity of money so 
great, and the rates of interest so high, that all stocks fell below all former 
examples. The five per cent, scrip, being less valuable than sixes, fell 
gradually to ten, and below ten per cent, discount, being more valuable 
at that rate, than sixes at par. Under these circumstances it was manifest 
that, if a large amount was offered, they would sink much lower, but 
$200, (JOO of the subrcription, being then due, must be paid. If sold at a 
discount, the Commonwealth must sustain the loss ; for it must redeem 
the scrip, dollar for dollar, and the purchasers would gain the discount. 
The question was, whether a sacrifice growing out of temporary causes of 
depression could be avoided ; for it was believed, and no doubt correctly, 
that so soon as the market should resume a healthy state, the scrip would 
rise to its former value. About $100,000 of the school fund was then 
laying idle in the Treasury, and for this cash $110,000 of the scrip was 
placed in the school fund, whereby the school fund was benefitted to the 
extent of the sacrifice, to which the Commonwealth must else have sub- 
mitted ; and thus the school fund has the bonds of the Commonwealth as 
security, with a gain of $10,000. The only alternative was, to gain this 
to the school fund, or to submit to a loss in the sale, of how much cannot 
be certainly known. If this be censurable, then to husband the funds of 
the Commonwealth, in the best manner, merits condemnation. The school 
fund can suffer nothing, unless the security of the Commonwealth is in- 
adequate to meet the payment. This depends on her observance of her 
faith, and the school fund can have no better foundation than her faith to 
rest upon, for it is at all times in the power of the Legislature to divert it 
to any other object, or to dispose of it in any way it sees fit. And who 



15 

can doubt that it will be diverted, when the Commonwealth ceases to re- 
gard its solemn, written obligations? It is entirely a gratuitous assumption 
of His Excellency, to suppose that a law, which may any day be repealed, 
will be preserved in good faith amid the wreck of morals, when we shall 
refuse to respect our promises, and shall repudiate our bonds. Whenever 
there is a disposition to rob the school fiuid, the Legislature will not stop 
at forms, or hesitate about pledges. Whenever moral principle is extinct, 
both bonds and laws will be swept away like cobwebs. 

If we come to a tax to pay for this scrip when it becomes due, which is 
not at all probable, it will be no more burdensome to pay it to the school 
fund than to purchasers of stock, and it must be paid to one or the other, 
or the Commonwealth must refuse to fulfil its promises. But if His Ex- 
cellency feels seriously alarmed at this investment — if he believes this 
paper unsafe, and unworthy of confidence — if he looks upon the Common- 
wealth as a dishonest knave, he may order it to be sold to-morrow, and the 
money to be restored to the school fund ; and if it is inadequate to raise 
the amount — the amount taken from that fund — he may create more scrip, 
and sell it to supply the deficiency. There was no occasion for thus pub- 
lishincr to the world his distrust of our faith and credit, or of makino- an 
appeal to the Legislature upon the subject ; and His Excellency must stand 
convicted of seizing the very moment of his entrance upon official duty, to 
proclaim, substantially in one sentence, that our faith must be observed, 
and in another that we have no faith. 

If His Excellency had avowed himself the enemy of education, instead 
of claiming to be its friend — while he throws out doubts and suspicions 
concerning the expediency of placing suitable books in the hands of chil- 
dren — if he had openly invited repudiation, instead of undermining the 
credit of the State scrip by insinuations of distrust, he would have had, at 
least, credit for frankness. But it cannot become an officer in this high 
station to trifle with facts, for the purpose of leading the public mind to 
mistaken conclusions. 

Nor is it alone, the general management of the system in which His 
Excellency implies distrust ; he descends to particulars. His Excellency 
says, " although the genius of our government requires the greatest practi- 
cable degree of equality in the education of our citizens by elevating and 
more thoroughly diffusing the instruction of our common schools, yd I 
fear that the inequality instead of diminishing , increases icith the advance- 
ment of knowledge and science.^' 

This, like many other of his Excellency's views, seems to have been ad- 
vanced without any reference to the statistics which must controvert or sup- 
port it. Among those first principles of the moral government of the world, 
with which His Excellency has favored us, one very important one has 
escaped him, viz : that enlightened persevering effiirt,, in any cause will 
e^eci progress through a law of the Creator, slower indeed, but as certain 
in its results as that by which the lightning cleaves the oak. 

His Excellency knew certainly, that these conditions were all fulfilled in 
relation to our common schools. He knew that the whole time and talents 
of an eminently gifted individual had been devoted for six years to the 
object of elevating and improving them, yet he fears that this work has not 
only failed to progress, but that affairs are absolutely in a more desperate 
condition than when he commenced. If His Excellency will take the 
trouble to look at the abstracts of the school returns, they will show him 
that in hundreds of towns the reports of school committees to their fellow 
citizens who can judge of their truth, are filled with eulogiums of the ad- 
vance and increasing utility of these schools. We are told that they are 



16 

taking the place of private schools and rising in importance with all classes 
of men. The returns themselves show upon their face the fallacy of His 
Excellency's fears. Let us look at the tables. 

What amount of money has been raised by taxes for the support of Pub- 
lic Schools, including teachers, wages and board for the last five years. 

In 1837 it was 387,124 17 

1838-9, it was, with fuel 447,809 96 

1839-40, " " 477,221 24 

1840-41, " " 491,015 23 

1841-2, «' « 510,051 89 

Showing an increase of appropriation in 5 years of 128,927 72 
Adding to wiiich the diminution of tuition in that class of private 

schools that come in competition with the public, 18,183 70 



Makes an aogregate in favor of the public schools, in five years, of 147,611 42 
Which is more than 33 per cent, advance on the sum raised for teacher's waives, 
board and fuel, in 1837. 

During the same time, more than half a million of dollars have been ex- 
pended in building and repairing school houses, and probably not less than 
$20,000, for libraries and apparatus. 

Take again the number of schools. 

These, in 1837, amounted to 2918 

" 1842, " 3198 

Showing an increase of 280 

Again, the number of male and female teachers, summer and winter, 

In 1837, 5961, >f „„, 

„ jg^.2 I g^gg / increase, 0.^1 

Again, the time spent in school — 
Average length of 2918 schools, in 1837, 6 mos. 25 ds. 

" 3198 " 1841-2, 7 " 18 " 

Statistics like these prove the truth of what we have advanced above, 
that the condition and prospects of the common schools justify the happiest 
auguries, to every citizen who knows the facts, with the exception perhaps 
of His Excellency the Governor. 

In stating that in this Commonwealth, the political doctrine of the equal- 
ity of man is not regarded. His Excellency throws a stigma on the free insti- 
tutions of our fathers. In expressing a doubt as to the security of the scrip, 
he has thrown a blot on our untarnished credit ; and in proclaiming his 
fears, as to the condition of the common schools, with the evidence before 
him, he has undervalued the spirit of -the people and the choicest institu- 
tions of our land. We wait for His Excellency and his friends to brmg 
forward some of the promised improvements that shall wash away the stain 
they have cast upon the State, — and will assure the public that the Whig; 
members of the Legislature will be ready to co-operate in any measure, 
" calculated to improve our general laws, to secure the rights of the people, 
to protect the weak, to relieve the distressed, to promote industry, economy, 
education and good morals, and to increase the comforts, the happiness and 
the prosperity of the people of the Commonwealth." 

In behalf and by direction of the Whig members of the Legislature. 

JOSIAH QUINCY, Jr. > 
EDWARD DICKINSONS Senators. 
SAMUEL A. ELIOT, } 

SAMUEL H. WALLEY, Jr. ") 
CHARLES FRANCIS ADAMS, j 



ENSIGN H. KELLOGG, ). Representatives. 

J. THOS. STEPHEP 

LORING MOODY, 



J. THOS. STEPHENSON, j 



Lb N '10 



